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Right to indorse writ specially in action for immovable property. O. 3, r. 6. Schedule.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
20. In any action for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or against any person claiming under such tenant, the writ of summons may, at the option of the plaintiff, be specially indorsed with a statement Form No. 2. of his claim or of the relief or remedy to which he claims to be entitled.
Nature of special indorsement.
H. K. Code, s. 13 (1). O. 3, r. 7.
Procedure on appearance to specially indorsed writ.
Code, s. 13 (1).
21. (1) Where the plaintiff's claim is for a debt or liquidated demand only, the indorsement, besides stating the nature of the claim, shall state the amount claimed for debt or in respect of such demand, and for any interest thereon payable by law or under any contract, express or implied, and for costs respectively, and shall further state that, on payment thereof within four days after service, or, in case of a writ not for service within the jurisdiction, within the time allowed for appearance, further proceedings will be stayed.
The defendant may, notwithstanding such payment, have the costs taxed, and if more than one-sixth shall be disallowed, the plaintiff's solicitor shall pay the costs of taxation.
22. In default of appearance to a specially indorsed writ, the plaintiff, on satisfying the court that the writ was duly served, shall be entitled to judgment for any sum not exceeding the sum indorsed on the writ, together with interest at the rate specified, if any, or, if no rate is specified, at the rate fixed by the court, to the date of the judgment, and costs, or that the person whose title is asserted in the writ shall recover possession of the immovable property, and costs: Provided that the court may, nevertheless, on such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits accounting for his non-appearance and disclosing a defence on the merits.
Procedure where defendant appears to specially indorsed writ.
H. K. Code, s. 13 (2).
23.—(1) Where the defendant appears to a specially indorsed writ, the plaintiff may, on filing an affidavit made by himself or by any other person who can swear positively to the facts, verifying the cause of action and the amount claimed, if any, and stating that in his belief there is no defence to the action, take out a summons calling upon the defendant to show cause why the plaintiff should not proceed to judgment and execution.